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试写2023年7月加州论文第四题(刑法、刑诉)

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1

Larceny and Burglary

Larceny is a crime involving the unauthorized taking and carrying away of someone else's tangible property, with intent to permanently deprive that person of their interest in the property. Burglary consists of a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure.

Here, Deborah broke into the garage (breaking and entry) of a dwelling that wasn't hers, at nighttime, with the intent to take wood without authorization. By using the wood to build a fire, Deborah effectively destroyed the wood, thereby permanently depriving the owner of its use. This action satisfies the definition of larceny. Moreover, her actions of breaking and entering with the intent to commit a felony (larceny) in the structure meet the definition of burglary as well. Therefore, she could be reasonably charged with both larceny and burglary.

Defense - No specific intent

Larceny and burglary are crimes of specific intent, encompassing the specific intent in larceny to permanently deprive someone of their property, and in burglary, the belief that the entry is into a dwelling and the intent to commit a crime within that dwelling. Deborah may argue that she believed the house and the wood within were unowned, thus lacking the specific intent of larceny. Without the specific intent of larceny, the charge of burglary may not stand. Furthermore, Deborah could argue that she did not consider the garage a dwelling as she believed no one was sleeping inside, and a dwelling is defined by its occupation for sleeping.

The known circumstances include the house being "run-down" and "Deborah thought the house was unoccupied." However, more information is needed to determine whether Deborah believed the house was abandoned. Considering the house was locked and contained usable wood, if Deborah thought the house was owned but the owner was merely absent, it doesn't affect her specific intent to infringe on someone's property, and to commit larceny therein, nor would it change the definition of a dwelling.

Defense - Necessity

The defense of necessity could be invoked if a defendent reasonably believe that commiting a crime is necessary to prevent an imminent and more severe injury to people than the crime itself. Deborah can argue that breaking into the garage and taking wood were actions taken out of necessity to avoid freezing to death. If it can be established that there were no other legal alternatives available to her and that any reasonable person in the same situation would have acted similarly, the necessity defense might be accepted to clear her from the charges of larceny and burglary.

Arson and Murder

Arson and murder are categorized as malice crimes, requiring either intent or a reckless disregard for an obvious risk. Additionally, murder encompasses felony murder, which will be discussed infra.

Defense - No malice

It is apparent that Deborah did not intentionally start a fire or commit murder, so the only question is whether she recklessly disregarded a significant risk that could result in arson and death. From the current circumstances, Deborah likely lacked malice; she merely ignited a "small fire outside the garage to keep herself warm," a common act that generally does not lead to a fire outbreak. She could not have foreseen the sparks, nor could she have anticipated the presence of oil on the floor that could ignite the house. Perhaps, upon waking, had there been time to extinguish the fire, she had a duty to put it out promptly, but her waking to "flames and smoke" suggests that it was already too late for fire containment.

Felony Murder

Felony murder is a distinct concept under common law murder apart from intention and recklessness. Simply put, if a death occurs during the commission of a forcible felony, it can be considered murder. Forcible felonies typically include burglary, arson, among others. In this scenario, if it's established that burglary or arson was being committed by Deborah when Stuart's death occurred, she could potentially be charged with felony murder, despite the lack of intent nor reckless.

Defense - No felony

As mentioned earlier, it is plausible that the burglary charge could be acquitted due to necessity, and the arson charge may not hold due to the lack of intent or malice. Thus, if no felony was committed, there can be no crime of felony murder.

Additionally, it can be argued that even if the act constituted burglary, the burglary concluded once Deborah moved the wood outside the dwelling. Her action of igniting the wood outside and re-entering the dwelling might constitute trespass, but not burglary, as she did not intend to commit a felony inside the dwelling during this re-entry. Since the burglary had ended by the time of the death, even without the defense of necessity, the charge of felony murder would not stand.

Involuntary Manslaughter

Involuntary manslaughter occurs if a killing is committed 1. with criminal negligence (or by "recklessness" under the Model Penal Code) or 2. during the commission of an unlawful act not included in the felony murder rule. Given that any potential crime, even trespass, might be excused due to necessity, the only remaining question is whether there was criminal negligence on Deborah's part for Stuart's death.

This is a close call, and it would be up to a jury to decide based on the circumstances at the time, examining what a reasonable person would do, whether they would foresee the occurrence of a fire, whether they would anticipate someone being inside the dwelling, and whether there was a duty to inspect the scene and render aid after the fire broke out.

In conclusion, Deborah might escape most of the charges levied against her, with involuntary manslaughter being the only possible conviction.

2

The Constitution prohibits any individual from being compelled to make self-incriminating statements. In Miranda v. Arizona, the Supreme Court further stipulated that before any custodial interrogation, individuals must be informed of their right to remain silent among other rights. The Supreme Court defines "custodial interrogation" based on whether an individual feels they are free to leave soon, hence general questioning by police to pedestrians does not constitute custodial interrogation. Even brief stops, like halting a car to inquire if the driver has been drinking, do not necessitate the exclusion of obtained statements.

Here, the police merely questioned Deborah without taking any actions that would make her feel she was not free to leave. Therefore, Deborah's statement need not be excluded as the interaction does not meet the criteria for a custodial interrogation as defined by the Supreme Court.

Alternatively, if there was an unreasonable seizure (or arrest) under the Fourth Amendment, then any statement obtained as a result of this seizure might be excluded. As discussed supra, Deborah was only stopped for questioning and did not feel she was detained or not free to leave, this interaction might not be considered a seizure under the Fourth Amendment.